senate Bill S423B

2017-2018 Legislative Session

Relates to coverage for punitive damages and civil penalties

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Insurance Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 06, 2018 print number 423b
Mar 06, 2018 amend and recommit to insurance
Feb 23, 2018 print number 423a
Feb 23, 2018 amend (t) and recommit to insurance
Jan 03, 2018 referred to insurance
Jan 04, 2017 referred to insurance

Co-Sponsors

S423 - Details

See Assembly Version of this Bill:
A4734
Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §3421, Ins L
Versions Introduced in Other Legislative Sessions:
2015-2016: S6909, A10002
2019-2020: S1604, A6251
2021-2022: A1813
2023-2024: A654

S423 - Summary

Permits a liability policy to provide coverage for punitive damages, civil penalties and other non-compensatory damages.

S423 - Sponsor Memo

S423 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   423

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2017
                               ___________

Introduced  by  Sens.  SEWARD, GOLDEN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Insurance

AN ACT to amend the insurance law, in relation to permitting a liability
  policy to provide coverage for punitive damages and civil penalties

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  3420 of the insurance law is amended by adding a
new subsection (k) to read as follows:
  (K) A LIABILITY POLICY MAY  PROVIDE  COVERAGE  FOR  PUNITIVE  DAMAGES,
CIVIL PENALTIES OR OTHER NON-COMPENSATORY DAMAGES.
  § 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01964-01-7

Co-Sponsors

S423A - Details

See Assembly Version of this Bill:
A4734
Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §3421, Ins L
Versions Introduced in Other Legislative Sessions:
2015-2016: S6909, A10002
2019-2020: S1604, A6251
2021-2022: A1813
2023-2024: A654

S423A - Summary

Permits a liability policy to provide coverage for punitive damages, civil penalties and other non-compensatory damages.

S423A - Sponsor Memo

S423A - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 423--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2017
                               ___________

Introduced  by  Sens.  SEWARD, GOLDEN -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Insurance  --
  recommitted  to  the  Committee on Insurance in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the insurance law, in relation to permitting certain
  liability policies to provide coverage for punitive damages and  civil
  penalties

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The insurance law is amended by adding a new  section  3421
to read as follows:
  §  3421.  PUNITIVE DAMAGES AND CIVIL PENALTIES COVERAGE. 1. AN INSURER
MAY PROVIDE, AND AN INSURED MAY PURCHASE, INSURANCE AGAINST AN AWARD  OF
PUNITIVE  DAMAGES, OR CIVIL PENALTIES, OR OTHER NON-COMPENSATORY DAMAGES
IN ANY LIABILITY INSURANCE POLICY EXCEPT IN A POLICY OF  PERSONAL  LINES
INSURANCE  ISSUED  TO  A  NATURAL PERSON FOR NON-BUSINESS PURPOSES, OR A
COMMERCIAL AUTOMOBILE LIABILITY INSURANCE POLICY.
  2. COVERAGE MAY PROVIDE PROTECTION FOR VICARIOUS  LIABILITY  RESULTING
FROM  THE  CONDUCT OF ANOTHER, OR WHEN ASSESSED AGAINST A PARTY DIRECTLY
FOR GROSS NEGLIGENCE OR RECKLESS CONDUCT. COVERAGE SHALL NOT APPLY WHERE
LIABILITY RESULTS FROM ACTION THAT WAS INTENDED TO CAUSE  THE  RESULTING
HARM,  DAMAGE  OR  INJURY.  COVERAGE  SHALL  APPLY  ONLY  WHEN EXPRESSLY
PROVIDED FOR BY THE INSURANCE POLICY.
  § 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01964-04-8

Co-Sponsors

S423B (ACTIVE) - Details

See Assembly Version of this Bill:
A4734
Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §3421, Ins L
Versions Introduced in Other Legislative Sessions:
2015-2016: S6909, A10002
2019-2020: S1604, A6251
2021-2022: A1813
2023-2024: A654

S423B (ACTIVE) - Summary

Permits a liability policy to provide coverage for punitive damages, civil penalties and other non-compensatory damages.

S423B (ACTIVE) - Sponsor Memo

S423B (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 423--B

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2017
                               ___________

Introduced  by  Sens.  SEWARD, GOLDEN -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Insurance  --
  recommitted  to  the  Committee on Insurance in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and recommitted to said committee -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the insurance law, in  relation  to  permitting  certain
  liability  policies to provide coverage for punitive damages and civil
  penalties

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The insurance law is amended by adding a new section 3421
to read as follows:
  § 3421. PUNITIVE DAMAGES AND CIVIL PENALTIES COVERAGE. 1.  AN  INSURER
MAY  PROVIDE  AND  AN INSURED MAY PURCHASE INSURANCE AGAINST AN AWARD OF
PUNITIVE DAMAGES, OR CIVIL PENALTIES, OR OTHER NON-COMPENSATORY  DAMAGES
IN  ANY  LIABILITY INSURANCE POLICY EXCEPT IN A POLICY OF PERSONAL LINES
INSURANCE ISSUED TO A NATURAL PERSON FOR  NON-BUSINESS  PURPOSES,  OR  A
COMMERCIAL AUTOMOBILE LIABILITY INSURANCE POLICY.
  2.  COVERAGE  MAY PROVIDE PROTECTION FOR VICARIOUS LIABILITY RESULTING
FROM THE CONDUCT OF ANOTHER, OR WHEN ASSESSED AGAINST A  PARTY  DIRECTLY
FOR GROSS NEGLIGENCE OR RECKLESS CONDUCT. COVERAGE SHALL NOT APPLY WHERE
LIABILITY  RESULTS  FROM ACTION THAT WAS INTENDED TO CAUSE THE RESULTING
HARM, DAMAGE  OR  INJURY.  COVERAGE  SHALL  APPLY  ONLY  WHEN  EXPRESSLY
PROVIDED FOR BY THE INSURANCE POLICY.
  3.  THIS  SECTION SHALL APPLY PROSPECTIVELY TO INSURANCE POLICIES WITH
EFFECTIVE DATES ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
  § 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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